Geetha v. The State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR GEETHA Petitioner Vs The State Rep by, Inspector of Police, E-3, Teynampet Police Station, Chennai.

(Crime no. 239/2025) Respondent PRAYER Criminal Original Petition filed under Section 483 BNSS. to enlarge the petitioner on bail in Crime No. 239 of 2025 pending investigation on the file of the Respondent/Complainant.

For Petitioner:

M/s.K.Karthikeyan For Respondent:

Mr.L.Baskaran, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.05.2025, for the offences punishable under Sections 75(2) of BNS r/w 4 of Tamil Nadu Prohibition of Harassment of Woman Act, in connection with Crime No.239 of 2025, registered on the file of the respondent, seeks bail.

2.The case of the prosecution is that the petitioner/A2 along with her husband/A1 trespassed into the house of the defacto complainant and demanded sexual favour from the defacto complainant for her husband. Thereafter, the husband of the petitioner tried to misbehave with her. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the above offence and she has been falsely implicated in this case. The petitioner is in judicial custody from 28.05.2025 and hence, further custody of the petitioner is not required. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the investigation is in progress, if the petitioner is released on bail, there is possibility of tampering the witnesses and

hampering the investigation. Hence opposed grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XVIII M.M Saidapet, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioner shall make himself available for

interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

20-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The State Rep by, Inspector of Police, E-3, Teynampet Police Station, chennai.

(Crime no. 239/2025) 2.The XVIII M.M.Saidapet.

3.The Superintendent Central Prison-II, Puzhal.

4.The Public Prosecutor, High Court of Madras, Madras.

M.NIRMAL KUMAR J.

gbi CRL OP No. 17540 of 20-06-2025